Q&A

Know your rights! Youth justice and juvenile law answers.

Askthejudge.info features regular updates from the news, important decisions from the nation′s courts, and online discussions with Judge Tom. Find out everything you need to know about youth rights, juvenile law and juvenile justice. AsktheJudge - Empowering youth one question at a time.

Disclaimer: The information contained in this site is made available to the general public and is not intended to serve as legal advice.You should consult a trained legal professional in your area for questions you may have about the laws affecting juveniles or any legal interpretations. - See more at: http://askthejudge.staging.wpengine.com/#sthash.xpqzY83N.dpuf

Realistic pellet gun leads to teen’s death

Jaime Gonzalez was a drum major at Cummings Middle School in Brownsville, Texas. The school superintendent described him as “a very positive young man.” Jaime’s father reported that he was doing better in school and was always helpful around the neighborhood. He mowed neighbors’ lawns, washed dogs and fixed other kids’ bikes. He attended church and played basketball and football.

Early in the morning on January 4, 2012, Jaime left home to catch the bus to school. Superintendent Carl Montoya explained that “something unfortunately happened today that caused his behavior to go the way it went.” During Jaime’s first period, the 8th grader walked into the classroom and punched a boy in the nose for no apparent reason. He pulled out a hand gun and the school went into a lock-down.

Jaime's gun

When the police arrived, Jaime was in the hallway and reportedly refused to drop the gun. An order was given to “Take him out” and Jaime was shot three times with assault rifles by two police officers. The officers were placed on administrative leave while an investigation is conducted. Although the weapon Jaime held, as seen in the photo shown here, looks real, it turned out to be a pellet gun. Jaime’s father didn’t know where he got it or why he brought it to school.

It’s important to understand that school authorities and law enforcement take the use and possession of any type of weapon at school seriously. Zero tolerance policies exist for a reason. As you know, there are many play guns and knives on the market that, from a distance, look like the real thing. The police don’t have the time in an emergency situation to assess whether a weapon is authentic or a toy. Only the person brandishing it know for sure. So, think ahead before making a foolish mistake. This story also brings up the serious subject of “suicide by police.” It happens all too often when someone does something, knowing that the police will become involved. Just by pulling out a gun or pointing it at an officer will trigger a fatal response, one that the officer is trained to execute. It’s a cowardly way to handle life’s difficulties. Rarely does the offender think about the officer and his or her life – what they have to live with from that moment on.

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including the recently published 'Teen Cyberbullying Investigated' (Free Spirit Publishing). When he's not answering teens' questions, Judge Tom can be found hiking, traveling and reading.